Colorado Nursing Home Abuse Lawyer
Colorado’s nursing home industry serves tens of thousands of elderly and disabled residents across more than 200 licensed skilled nursing facilities statewide. While many facilities provide competent care, the Colorado Department of Public Health and Environment (CDPHE) regularly identifies deficiencies during routine inspections, and complaints of resident abuse and neglect continue to rise as the state’s aging population grows. If your loved one has been harmed in a Colorado nursing home, assisted living residence, or rehabilitation facility, the attorneys at Your Insurance Attorney can help you understand your rights and pursue accountability.
Our firm has nearly four decades of experience in nursing home litigation. From our Colorado Springs office at 90 South Cascade Ave., we serve families throughout the state, from the Front Range communities of Denver, Boulder, and Fort Collins to mountain communities and the Western Slope. We bring the same aggressive, well-resourced approach to every Colorado case that has produced millions of dollars in recoveries for our clients nationally.
Colorado Laws Protecting Nursing Home Residents
Colorado Revised Statutes § 25.5-6-204 and the Nursing Home Bill of Rights
Colorado law establishes a set of rights for residents of nursing care facilities under the Colorado Revised Statutes. These protections include the right to be treated with dignity and respect, the right to receive adequate and appropriate care, the right to be free from abuse, neglect, and exploitation, the right to privacy in personal care and treatment, and the right to be free from unnecessary physical or chemical restraints. Violations of these statutory rights can form the basis of a civil lawsuit against the facility.
Statute of Limitations in Colorado
Colorado imposes a two-year statute of limitations for personal injury claims, including claims arising from nursing home abuse or neglect, under C.R.S. § 13-80-102. This period begins on the date the injury occurred or on the date the injury was discovered or should have been discovered through reasonable diligence. For wrongful death claims, the statute of limitations is also two years from the date of death. Colorado’s discovery rule can be important in nursing home cases where signs of abuse or neglect are concealed or develop gradually, but families should still act quickly to preserve evidence and meet all filing requirements.
Damages Available Under Colorado Law
Colorado allows nursing home abuse victims and their families to recover compensatory damages for medical expenses, pain and suffering, emotional distress, and loss of enjoyment of life. However, Colorado has a cap on noneconomic damages (such as pain and suffering) in personal injury cases, which is adjusted periodically for inflation. As of recent adjustments, this cap is approximately $729,790, though the exact figure may change. In wrongful death cases, additional damages may include funeral and burial expenses, loss of companionship, and loss of financial support. Punitive damages are available under C.R.S. § 13-21-102 when the defendant’s conduct was willful and wanton, but they are generally limited to an amount equal to the actual damages awarded.
Types of Nursing Home Abuse Common in Colorado
Physical Abuse
Physical abuse in Colorado nursing homes includes hitting, pushing, slapping, rough handling, and improper use of physical restraints. Staff-on-resident violence is a serious concern, as is resident-on-resident abuse in facilities that fail to adequately separate residents with aggressive behaviors from more vulnerable individuals.
Neglect
Neglect remains the most prevalent form of harm in Colorado nursing homes. It encompasses a wide range of care failures, including inadequate nutrition and hydration, failure to administer medications correctly, failure to provide timely toileting assistance, failure to reposition residents to prevent pressure ulcers, and failure to respond to changes in a resident’s medical condition. Colorado’s rural communities face particular challenges related to nursing home staffing, as facilities in less populated areas often struggle to recruit and retain qualified personnel.
Bedsores
Pressure injuries are a hallmark indicator of neglect in nursing home settings. In Colorado, as elsewhere, the development of a new bedsore or the worsening of an existing one in a nursing home resident often points to failures in repositioning, nutrition management, and wound care. Our attorneys retain medical experts who specialize in wound care to establish the standard of care and demonstrate how the facility deviated from it.
Falls
Fall-related injuries are among the most common claims in Colorado nursing home litigation. Facilities are required to assess each resident’s fall risk and implement an individualized prevention plan. When a resident falls due to inadequate supervision, wet floors, poor lighting, lack of assistive devices, or failure to implement bed or chair alarms, the resulting injuries may constitute negligence.
Medication Errors
Administering the wrong medication, the wrong dose, or missing scheduled medications are errors that can cause serious harm to elderly residents, particularly those managing multiple chronic conditions. Medication errors in Colorado nursing homes frequently result from understaffing, inadequate training, and poor record-keeping.
Emotional and Psychological Abuse
Emotional abuse includes verbal threats, intimidation, isolation, humiliation, and deliberate efforts to frighten or control a resident. These forms of abuse are often harder to detect than physical harm, but they can cause significant psychological damage, including depression, anxiety, and withdrawal. Colorado law recognizes emotional abuse as a violation of resident rights.
Regulatory Oversight: CDPHE’s Role
The Colorado Department of Public Health and Environment (CDPHE) is responsible for licensing and inspecting nursing homes in the state. CDPHE conducts routine annual surveys and investigates complaints filed by residents, families, and facility employees. Inspection results are documented in publicly available survey reports that detail any deficiencies identified during the review. These reports are an important source of evidence in nursing home litigation.
To report suspected nursing home abuse or neglect in Colorado, contact the Colorado Adult Protective Services hotline at 1-844-CO-4-APS (1-844-264-5437). You can also report concerns directly to CDPHE’s Health Facilities and Emergency Medical Services Division.
Compensation in Colorado Nursing Home Cases
- Medical expenses related to treating injuries caused by abuse or neglect
- Pain and suffering, subject to Colorado’s noneconomic damages cap (approximately $729,790)
- Emotional distress and loss of enjoyment of life
- Wrongful death damages including funeral costs, loss of companionship, and lost financial support
- Punitive damages where the facility’s conduct was willful and wanton
Why Families Trust Your Insurance Attorney in Colorado
Your Insurance Attorney’s Colorado office is located at 90 South Cascade Ave., Suite 1200, Colorado Springs, CO 80903. Our team, including Nathan P. Carter, Michael A. Mandeville, Brian C. Guppenberger, and Joshua A. Machlus, brings nearly four decades of nursing home litigation experience to every case. We have sued every major nursing home chain in the country and understand the corporate structures, staffing models, and cost-cutting practices that lead to resident harm.
Every case is handled on a contingency fee basis. You pay nothing unless we recover money for your family.
If a loved one has been harmed in a Colorado nursing home, call Your Insurance Attorney at 877-857-5677 for a free consultation.
Frequently Asked Questions
What should I do if I suspect my loved one is being abused in a Colorado nursing home?
Document your concerns by photographing any injuries and writing down your observations. Request the resident’s medical records from the facility. Report your concerns to Colorado Adult Protective Services at 1-844-264-5437 and to CDPHE. Contact a Colorado nursing home abuse lawyer to discuss your legal options.
How long do I have to file a nursing home abuse lawsuit in Colorado?
The statute of limitations for personal injury and wrongful death claims in Colorado is two years. This deadline runs from the date of injury or death, or from the date the harm was discovered.
Does Colorado cap damages in nursing home cases?
Colorado caps noneconomic damages in personal injury cases at a figure adjusted for inflation, currently approximately $729,790. Economic damages such as medical expenses are not capped. Punitive damages are generally limited to the amount of actual damages awarded.
Can I afford a nursing home abuse attorney?
Yes. Your Insurance Attorney handles all nursing home cases on a contingency fee basis. You pay no fees upfront and owe nothing unless we secure compensation for your family. The initial consultation is always free.
Related Resources
- Nursing Home Abuse Claims
- Colorado Springs Nursing Home Abuse Lawyer
- Denver Nursing Home Abuse Lawyer
- Florida Nursing Home Abuse Lawyer
- Georgia Nursing Home Abuse Lawyer
- North Carolina Nursing Home Abuse Lawyer
- Bedsore Injury Claims
- Medication Error Claims
